Terms & Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Product Advance, Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Recurring Services & Payments

A valid credit card or Paypal account is required for paying accounts.   Web Hosting terms vary from 30 days to 12 months depending on plan you selected. All website design payments are due upon initial delivery or within 30 days whichever comes first.  Website Plans have a minimum term of 12 months unless otherwise specified on your agreement.

After your first payment you will be billed monthly starting on the 30th day after your account was initially created.

An upgrade from the free trial plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.

All services are billed in advance and are non-refundable. There will be no refunds for partial months or terms of service, or for months / service terms unused with an open account. In order to treat everyone equally, no exceptions will be made. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Any refunds on list purchases are automatically applied with a $129.00 processing fee for the list purchase.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes. All paying users from Canada shall be responsible for filling out their correct province and country so that they can be taxed appropriately.

Managed Hosting & Email

Our website hosting is a managed service. This means that we will upload and maintain your site’s availability on the internet for the duration of this agreement. We guarantee that your website will be made available online via http 99.9% of the time for which you have paid. If your website is down for any amount of time during a one month period we will refund you your charges for that month or offer you an additional month at no charge.

Customer will have access to secure hosting control panel which will enable them to create or edit email accounts. All other settings and FTP Access are strictly controlled by Product Advance, Inc. This managed service allows us to provide you with the enhanced reliability and stability that has kept our customers online for over 10 years.

Customer agrees any generated code content or images, graphic design and other assets created, altered or generated, except for those provided by the customer, are the sole property of Product Advance, Inc.  Product Advance, Inc. agrees to provide the customer access to all aforementioned technologies, assets and designs for the duration of this agreement.

Free Quarterly Website Updates

Customers with free quarterly update plans shall receive 4 included content updates per year not to exceed 1 reasonable hour of work per update. Free updates can only be performed once per quarter. Your site must be online for 4 months to be eligible for the first free update. Updates must conform to existing design specifications at time of update request. Structural or navigational changes or requests for special features such as “animation” or video will require additional charges.

Cancellation and Termination

Web Hosting terms vary from 30 days to 12 months depending on plan you selected.  Website Plans have a minimum term of 12 months unless otherwise specified on your agreement.

Early cancellation will require payment of the remainder of the originally agreed upon term from the time of the cancellation request plus a $125 cancellation fee. Hosting accounts require 30 days notice written on any cancellation.

You are solely responsible for properly canceling your account. To cancel your account, you must log in to the Product Advance Customer Portal and click on “My Services” then click the “Cancel” button for that service. All of your content will be immediately deleted from the service upon cancellation. This information can not be recovered once your account is cancelled. Product Advance, Inc does not accept any liability for loss of content due to account cancellation. If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Product Advance, Inc. in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Product Advance, Inc service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Product Advance, Inc reserves the right to refuse service to anyone for any reason at any time. It is also solely your responsibility to cancel any automatic Paypal payments which you have signed up for.

Once accounts are suspended, a customer has up to 30 days to re-activate the account. After 30 days, suspended accounts are deleted. This is an automated process and is tied directly to the billing system. We cannot recover data that has been purged from our systems.

Email Broadcast Services

Email broadcasts are scheduled on a first come first served basis. We cannot guarantee exact launch times as this depends on the current broadcast load of the network and the size of your campaign. We broadcast items in launch windows consisting of morning, afternoon, evening, or overnights. Most customers select overnights as messages sent in this launch window receive the early morning opens. Access to the tracking portal is available after the launch commences. Our system tracks opens and clicks in real-time, however please note that some campaigns may experience a delay in the update of statistics due to an overwhelming amount of traffic to our servers. This delay may range from a few minutes to as long as 6 hours. In these cases the server will auto-update statistics as soon as cpu cycles decrease to a normal level. By using or subscribing to any of our email broadcast programs you agree to use tracking provided by Product Advance and understand that we cannot support any 3rd party javascript based tracking systems such as Analytics, Piwik or others. Product Advance is not responsible for the specific results of any email broadcast. Client is hiring Product Advance to broadcast email messages to the intended recipients. Client understands that Product Advance cannot control what happens to any transmitted message after it has been sent nor can Product Advance control, or guarantee how many recipients open or interact with any email message. Product Advance does not GUARANTEE any specific result from your email broadcast.

Anti-Spam and Abuse Related Rules
You agree to the following:

(a) Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html. The first line of the Spamhaus definition reads:
The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).
It is a concern to us if you use Product Advance resources to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP’s, for you to send an unsolicited email to an entire list of people you don’t know.

(b) Permission Lists Only: You may only send Emails to individuals and entities that either:
Possibility 1 – Consent Obtained

(A) gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:
(i) Consent Given Recently gave you the permission within the prior 12 months; or
(ii) Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months; or
Possibility 2 – Sold or Negotiated to Sell Product or Service
(B) gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:
(i) Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or
(ii) Sale or Negotiation Occurred More than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months.

If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that’s putting it mildly) that your account be shut down your. So if you don’t have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don’t import them into our system.

(c) Requirements: You agree that you will use:
No purchased lists (no matter how expensive).
No rented lists (even if they “opted in”).
No 3rd party lists whatsoever.

You should only use our software to send newsletters, updates, and promotions to people who specifically requested email from you, or otherwise meet the requirements of 11(b) above. Don’t have a permission list yet? Maybe your company’s too new and you have no customers. Feel free to set up a Product Advance account, run through the List Setup Wizard, and add a signup form to your website so that you can grow your list.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. US Government has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Claims, Charge-backs and Disputes

If you choose to file a claim with your credit card company or PayPal then you will not be provided under any circumstances with a refund – further you will be banned from using our services at any time in the future. Filing these claims is an unnecessary, time consuming, expensive and bureaucratic process for all parties involved – it’s a path often used by people aiming to defraud us and we will fight all claims to the bitter end.We keep records of all member activity including your signed agreement which we will submit to PayPal and/or credit card companies, this will often cause us to be able to win the claim and damage your credit rating with your credit card provider or PayPal. Let’s not be nasty to each other, we want to help, please contact us instead

Disclaimer-Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer our network, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trade marked.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Entire Agreement

This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. In no event shall Product Advance, Inc. be liable for any direct, indirect, special, exemplary, incidental, consequential or punitive damages, irrespective of whatever such damages were foreseeable or unforeseeable. The limit of Product Advance, Inc.’ s liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) in any manner related to this agreement, for any and all claims, shall not in the aggregate exceed the fees and expenses paid for the services rendered by Product Advance, Inc.. In no event shall either party be liable for consequential, incidental or punitive loss, damage or expenses (including lost profits).

Product Advance offers no refunds. All email list sales are final and non-refundable. By processing your order and submitting our contact information you are entering into a binding purchase contract. No refunds may be accepted once the payment and agreement has been processed. This has been done to protect the integrity of our email list databases from fraudulent activity and from anyone looking to steal our data. We offer a guarantee as specified above and all replacement requests are honored within 24 business hours. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Florida.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of our services will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Contact

You may contact the Company at the address below, or email support@productadvance.com.

Product Advance, Inc. 6574 N St. Rd. 7 #176 Coconut Creek, FL 33073